Journal articles: 'Youth criminal justice system'

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Endres, Karen. "The Youth Criminal Justice Act: The New Face of Canada’s Youth Criminal Justice System." Family Court Review 42, no. 3 (July 1, 2004): 526–39. http://dx.doi.org/10.1177/153124450404200310.

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Suri, Tara. "“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada." Semiotica 2019, no. 229 (July 26, 2019): 173–91. http://dx.doi.org/10.1515/sem-2019-0005.

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AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

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Hagner, David, JoAnne M. Malloy, Melanie W. Mazzone, and Gail M. Cormier. "Youth With Disabilities in the Criminal Justice System." Journal of Emotional and Behavioral Disorders 16, no. 4 (April 29, 2008): 240–47. http://dx.doi.org/10.1177/1063426608316019.

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Fine, Adam, Michael T. Baglivio, Elizabeth Cauffman, Kevin T. Wolff, and Alex R. Piquero. "Does the Effect of Self-Regulation on Adolescent Recidivism Vary by Youths’ Attitudes?" Criminal Justice and Behavior 45, no. 2 (November 20, 2017): 214–33. http://dx.doi.org/10.1177/0093854817739046.

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Youth with poor self-regulation or criminal attitudes are at risk for recidivism. Researchers have yet to examine how self-regulation and criminal attitudes intermix to influence recidivism. The present study employed a large sample of 26,947 youth in the Florida Juvenile Justice System to examine the effect of criminal attitudes on the association between self-regulation and recidivism over a 1-year period. The results indicated that the influence of self-regulation on recidivism varied based on youths’ attitudes. Although self-regulation affected recidivism among youth with average (d y/d x = –.03, SE = .01, p < .001) and less criminal (d y/d x = –.05, SE = .01, p < .001) attitudes, self-regulation was not associated with recidivism among youth with more criminal attitudes (d y/d x = –.01, SE = .01, p = .150). These findings demonstrate mechanisms that may promote sustained justice system involvement and identify key levers for reducing youth recidivism.

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Shen, A., and G. A. Antonopoulos. "Restorative Justice Or What?: Restorative Justice in the Chinese Youth Justice System." European Journal of Crime, Criminal Law and Criminal Justice 21, no. 3-4 (2013): 291–315. http://dx.doi.org/10.1163/15718174-21042031.

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This article aims to examine restorative justice (RJ) practices in China’s youth justice system, seeking to make contributions to the global effort of operationalising the notion. It begins with an outline of the Chinese youth justice system. Following a brief literature review on RJ movements in China, it moves on to introduce the current programmes in the country’s youth justice practices, including those similar to the Western notion of RJ and those recognised as RJ only in China, and the legal mechanisms facilitating the development of restorative justice. It concludes that China is in its own way translating the critical values of RJ theory into its youth justice system, leaning towards a better one for juveniles. The development of restorative justice and criminal justice as a whole in China is a work in progress. Local variations and timeframe for development should be permissible in its legal reform.

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O’Mahony, David. "Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland." International Criminal Law Review 12, no. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.

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This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

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Bergman, Jennifer. "Intersectionality: A Means for Addressing the Needs of Children with Mental Health Issues who are Engaged with the Family Law and Criminal Justice Systems?" Windsor Yearbook of Access to Justice 36 (September 18, 2020): 115–37. http://dx.doi.org/10.22329/wyaj.v36i0.6415.

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Huge numbers of children in Canada suffer from mental health issues, yet only a fraction gets needed supports and services. Left untreated, childhood mental illnesses carry serious consequences for children, families, and society as a whole. This public health crisis is significantly more pronounced for children who are engaged with the family law (child welfare) and youth criminal justice systems (“crossover youth”). Crossover youth face multiplicative challenges, including disproportionate rates of mental health issues. In this article, I explore how the failure to provide crossover youth with needed supports and services, and the related dire consequences suffered by these children and society more generally (e.g. deteriorating mental health, repeated engagement in the criminal justice system) is tied to the failure in the family law (child welfare) and youth criminal justice systems to recognize the effects of the intersection of the various challenges and disadvantages (e.g. poverty, racism, instability) experienced by these children. I describe the paradigm of intersectionality, and argue that the adoption of an intersectional approach by the family law (child welfare) and youth criminal justice systems is imperative in order for the legal system to meet its mandate and protect and promote the well-being of these vulnerable children.

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Kwok, Siu Ming, and Dora M. Y. Tam. "Chinese Youth in the Criminal Justice System of Canada." International Journal of Interdisciplinary Social Sciences: Annual Review 2, no. 2 (2007): 305–14. http://dx.doi.org/10.18848/1833-1882/cgp/v02i02/52284.

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Johnson, Lee Michael, Ronald L. Simons, and Rand D. Conger. "Criminal Justice System Involvement and Continuity of Youth Crime." Youth & Society 36, no. 1 (September 2004): 3–29. http://dx.doi.org/10.1177/0044118x03260323.

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Cowden, Stephen. "Book reviews : Aboriginal Youth and the Criminal Justice System." Race & Class 33, no. 4 (April 1992): 104–6. http://dx.doi.org/10.1177/030639689203300413.

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Hoffman, Allan M. "Book Review: Youth and the Canadian Criminal Justice System." International Criminal Justice Review 11, no. 1 (May 2001): 134. http://dx.doi.org/10.1177/105756770101100114.

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Rudman, Cary, Eliot Hartstone, Jeffrey Fagan, and Melinda Moore. "Violent Youth in Adult Court: Process and Punishment." Crime & Delinquency 32, no. 1 (January 1986): 75–96. http://dx.doi.org/10.1177/0011128786032001005.

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Despite the widespread transfer of violent youth from juvenile to criminal court, there is little empirical knowledge of the transfer process, rate of transfer, or of case outcomes, sentences, and placements of transferred juveniles. This study examines these issues for 177 violent youths considered for transfer in four urban areas, comparing court outcomes for youths transferred to criminal court with those for youths retained in juvenile court. Varying procedures, criteria, and court rules result in case processing time averaging 2.5 times greater for transferred youth. Most spend this time in detention. Violent youth considered for transfer are adjudicated at a high rate for the offenses as charged in both juvenile and criminal court. Plea bargaining for charges rarely occurred. Youth considered for transfer but retained by the juvenile court received maximum commitments and placements within the jurisdictional limits of the juvenile justice system. Transferred youth convicted in criminal court received even more severe sanctions both in nature and length. Alternatives to incarceration were rarely used by either the juvenile or criminal court.

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Phelan, Péta, and Robyn Oxley. "Understanding the Social and Emotional Wellbeing of Aboriginal LGBTIQ(SB)+ Youth in Victoria’s Youth Detention." Social Inclusion 9, no. 2 (April 15, 2021): 18–29. http://dx.doi.org/10.17645/si.v9i2.3770.

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Aboriginal youth are overrepresented within Victoria’s criminal justice system (Cunneen, 2020). Aboriginal and Torres Strait Islander youth are diverse people with diverse needs: It is imperative to understand what those needs are and how they can be supported within Victoria’s youth justice centres. Research has identified that Aboriginal youth in Victoria’s justice system have higher rates of psychopathology (Shepherd et al., 2018), higher rates of recidivism (Cunneen, 2008), higher pre-custody rates and post-release rates of substance abuse (Joudo, 2008) and lower rates of rehabilitation (Thompson et al., 2014) than non-Indigenous counterparts. It is critical to explore how the Victorian youth justice system identifies and implements the provision of services that consider lesbian, gay, bisexual, transgender, intersex, queer, sistergirl and brotherboy (LGBTIQSB+) identities of Aboriginal youth in custody. This is because additional levels of systemic disadvantage, discrimination, stigma, and social exclusion that impact LGBTIQ+ youth specifically (Cunneen, Goldson, & Russell, 2016) as well as Aboriginal identity, further compound and jeopardize the social and emotional wellbeing of those embodying intersectional identities. This article will examine the services available to Aboriginal LGBTIQSB+ youth in the Victorian criminal justice system. Aboriginal, Torres Strait Islander, Indigenous and First Nations People will be used interchangeably throughout this document.

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14

Edwards, Julie. "A Just System? How Punitive Youth Justice Systems Increase the Risk of Crime." Children Australia 42, no. 4 (October 30, 2017): 233–39. http://dx.doi.org/10.1017/cha.2017.39.

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For children and young people who offend, contact with the justice system can lead to life-long offending, with evidence showing that the younger a child enters the justice system the more likely he/she is to have sustained contact and go on to reoffend (Australian Institute of Health and Welfare (AIHW), 2017). Local and international youth justice approaches that aim to rehabilitate or resocialise the child or young person often have more success in preventing reoffending (Elwick, Davis, Crehan, & Clay, 2013). So, what is it that makes an effective youth justice system, and how can we ensure that children and young people are diverted from the criminal justice system effectively and that those who offend do not continue into a life of crime?

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Irvine-Baker, Angela, Nikki Jones, and Aisha Canfield. "Taking the “Girl” Out of Gender-Responsive Programming in the Juvenile Justice System." Annual Review of Criminology 2, no. 1 (January 13, 2019): 321–36. http://dx.doi.org/10.1146/annurev-criminol-032317-091922.

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Since the early 2000s, state and local policy makers, practitioners, and advocates accelerated existing federal efforts to reform the youth justice system and dramatically reduce the number of youth detained in the juvenile justice system. States across the country achieved these drops through policy changes that created fiscal disincentives and legal roadblocks to state custody. Yet recent research shows that youth of color and LGBQ-GNCT (lesbian, gay, bisexual, questioning, gender-nonconforming, and transgender) youth continue to be overrepresented in many juvenile justice systems throughout the country. In this review, we interrogate these disparities more deeply in an effort to ( a) advocate for continued and increased efforts to reduce racial disparities in the juvenile justice system; ( b) break the silence around the experiences of LGBQ-GNCT youth in the system, which are overwhelmingly youth of color; and ( c) encourage a deeper appreciation of sexual orientation, gender identity, and gender expression and how they intersect with race when it comes to serving youth in the justice system.

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Shah, Pooja, and Clarence Watson. "4.1 WHO'S RESPONSIBLE? YOUTH GUN VIOLENCE AND CRIMINAL JUSTICE SYSTEM." Journal of the American Academy of Child & Adolescent Psychiatry 58, no. 10 (October 2019): S220. http://dx.doi.org/10.1016/j.jaac.2019.08.241.

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Ogbuagu, Buster C. "Black, Young & Conduct Disordered: Extrapolating Scott Henggeler’s Multisystemic Psychotherapy Paradigm for the Attenuation of At-Risk Behaviors of Black Youth in North America." European Scientific Journal, ESJ 14, no. 20 (July 31, 2018): 89. http://dx.doi.org/10.19044/esj.2018.v14n20p89.

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Problem Statement: More than any other racial category, Black Youths have experienced severe racial disparities in contravention, trial and incarceration rates, the moment they come in contact with law enforcement agencies. There is a growing amount of literature suggesting that implicit racial biases do indeed exist in those who enforce the law, especially when such enforcers have limited time or and lacked cultural competencies to process their actions. These disparities are troubling, especially on account of the fact that although Black Youth comprise 16 percent of all children in America, yet they account for 28 percent of all juvenile arrests (National Council on Crime & Delinquency, 2007). It is not to imply that Black youths do not commit crimes. They do, just like all other ethnically diverse populations. However, there are research findings that Black youth pay a rather heavy premium for engaging in criminal or anti-social behaviors, mostly on account of their race, socioeconomic backgrounds, which are saturated by the stereotypical absence of a father or father figure, matriarchies, poverty and being mired in poor neighborhoods on one hand and on the other, a criminal justice system that disproportionately targets them. Approach: The paper applied an extrapolation of Scott Henggeler’s Multisystemic Psychotherapy paradigm to evaluate how its application can assist in stemming Black Youth lemming-like rush into the juvenile and criminal justice systems. It utilized secondary data analysis and literature on Black youth, juvenile, criminal justice and conduct disorders to evaluate this therapeutic approach in a Large Group Intervention-LGI setting. Result: Research indicate that the Multisystemic Therapy approach had previoulsy been applied at a micro level with satisfactory outcomes. In this case, I propose a treatment paradigm intended to be extrapolated [from Henggeler’s approach] to a Large Group Intervention-LGI and community setting, using all the parameters as Henggeler and team enunciated, but with slight adjustment and modifications to fit a Large Group Intervention target audience. Conclusion: The successful application of Hengeler’s Therapeutic Model within a Large Group Intervention setting significantly attenuated negative Black Youth interaction within the criminal justice systems in the USA, Canada and elsewhere. Additionally, successful application of this paradigm enhanced Black Youth pro-social skills for the development of the self, community and the nation states where Black Youths call home.

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Holmboe, Morten. "Norwegian Youth Punishment - Opportunity or Trap?" Bergen Journal of Criminal Law & Criminal Justice 5, no. 1 (October 29, 2017): 37. http://dx.doi.org/10.15845/bjclcj.v5i1.1352.

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The question of how the criminal justice system should deal with young offenders is an old one. Traditionally, the Norwegian criminal justice system has held that it should treat young offenders less severely than adults. The use of imprisonment is therefore restricted. In 2014, Norway implemented two new kinds of penal reactions directed towards young offenders, youth follow-up and youth punishment, inspired by the ideas underpinning restorative justice. The intention of youth punishment is that it is more severe but better suited than community sentencing when young people commit serious crimes. Consequently, the use of imprisonment for young offenders should be further reduced. In this article, I describe the rules concerning the sentencing and executing of youth punishment. Overall, I am of the opinion that while the premise underlying youth punishment is sound, the rules need to be amended to better reflect the expressed intent of the legislator.

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Chen, Jacqueline M., Adam D. Fine, Jasmine B. Norman, Paul J. Frick, and Elizabeth Cauffman. "Out of the Picture: Latinx and White Male Youths’ Facial Features Predict Their Juvenile Justice System Processing Outcomes." Crime & Delinquency 67, no. 6-7 (March 3, 2021): 787–807. http://dx.doi.org/10.1177/0011128721999347.

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Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.

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Rodriguez, Nancy. "THE ROLE OF SCIENCE IN REDUCING RACIAL AND ETHNIC DISPARITIES IN THE JUVENILE JUSTICE SYSTEM." Du Bois Review: Social Science Research on Race 15, no. 1 (2018): 195–204. http://dx.doi.org/10.1017/s1742058x18000152.

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AbstractIn recent years, we have witnessed various efforts by the federal government to advance our justice system and improve public safety. Collaborations across justice and service agencies and research on what works in criminal justice policy have been central in criminal justice reform activities. Within the juvenile justice arena, reducing rates of victimization and delinquency, as well as implementing strategies to reduce racial and ethnic disparities remain priorities. In this essay, I discuss how research on neuroscience and brain development, and racial and ethnic disparities in justice system outcomes has informed juvenile justice policy and procedural protections for youth. I also review how school policies and practices can perpetuate racial and ethnic disparities in justice outcomes. Throughout the essay, I discuss the federal government’s role in supporting research to advance policies and practices designed to reduce these harms. I highlight the implications of these activities and ways in which data and research can continue to play a key role in realizing equal opportunity and justice for all youth, especially as they are the most vulnerable members of society.

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Marqua-Harries, Lisa, Grant Stewart, and Venessa Padayachee. "Towards transforming a system: re-thinking incarceration for youth (and beyond)." South African Crime Quarterly, no. 68 (June 30, 2019): 33–40. http://dx.doi.org/10.17159/2413-3108/2019/v0n68a5632.

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Rethinking crime and punishment, especially with regard to youth, is a priority for South Africa; a country with high crime rates, recidivism and an overburdened criminal justice system. The present punitive and retributive system often only exacerbates many underlying causes of crime and violence, especially in young people. The failure of the present system suggests that the time is right for a paradigm shift in society's response to crime and punishment. A challenge to implementing any alternative justice model is to ensure that it does not continue to prop up the under-resourced, overburdened and dysfunctional criminal justice system it seeks to reform. The current systemic crisis demands radical reform, not merely adopting a few well-meaning tweaks to a broken system. This article argues that the system and its various forms (including residential options but with an emphasis on community-owned interventions) need to be both trauma-informed and infused with an ethos of restorative justice. We articulate our explanations with youth as the focus and make proposals in light of this and suggest a path towards implementation.

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Abrams, Laura S., Lisa Moreno, and Timo Harrikari. "The Voluntary Sector Role in Youth and Young Adult Justice Services: A Comparative Case Study of Finland and England/Wales." Youth Justice 19, no. 3 (November 10, 2019): 278–98. http://dx.doi.org/10.1177/1473225419886932.

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This comparative case study investigates the voluntary sector interface with criminal justice systems for youth and young adults in England/Wales and Finland. Methods included document review and stakeholder interviews. Across cases, key differences were found in the training of corrections and probation officers, funding sources and structures, and use of actuarial models and evidence. The organization of these relationships was also different for youth and young adult services, particularly in England/Wales where clear lines are drawn between age groups. The results contribute to an understanding of how system-level factors can drive relationships between the voluntary and criminal justice sectors.

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FAST, DIANE K., JULIANNE CONRY, and CHRISTINE A. LOOCK. "Identifying Fetal Alcohol Syndrome Among Youth in the Criminal Justice System." Journal of Developmental & Behavioral Pediatrics 20, no. 5 (October 1999): 370–72. http://dx.doi.org/10.1097/00004703-199910000-00012.

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Barretto, Craig, Sarah Miers, and Ian Lambie. "The Views of the Public on Youth Offenders and the New Zealand Criminal Justice System." International Journal of Offender Therapy and Comparative Criminology 62, no. 1 (May 4, 2016): 129–49. http://dx.doi.org/10.1177/0306624x16644500.

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Public perceptions of crime and punishment have taken on increasing importance as countries grapple with how to address youth violence. The current study aimed to compare the views of those who have had personal experience of victimisation from youth offenders and those who have not, on what could be improved in managing youth offending in New Zealand. A qualitative methodology was used with data from open-ended survey responses from a nationally representative sample. Public sentiments favoured addressing systemic issues and providing rehabilitation as main emphases followed by more punitive measures, prevention, and restorative justice. Victims were over-represented on sentiments of prevention whereas non-victims were over-represented in support for more punitive measures and restorative justice. There was also considerable support for a multi-facetted approach that utilised a number of the approaches above, suggesting that the solution is as complex as the offender’s circumstances. These findings are very much in line with the current goals of the youth justice system with its emphasis on diversion and rehabilitation.

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Zagar, Agata Karolina, Boris Bartikowski, Robert John Zagar, and Kenneth G. Busch. "Cost Comparisons of Raising a Child from Birth to 17 Years among Samples of Abused, Delinquent, Violent, and Homicidal Youth Using Victimization and Justice System Estimates." Psychological Reports 104, no. 1 (February 2009): 309–38. http://dx.doi.org/10.2466/pr0.104.1.309-338.

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Data from youth studied by Zagar and colleagues were randomly sampled to create groups of controls and abused, delinquent, violent, and homicidal youth ( n = 30 in each). Estimated costs of raising a nondelinquent youth from birth to 17 yr. were compared with the average costs incurred by other youth in each group. Estimates of living expenses, direct and indirect costs of victimization, and criminal justice system expenditures were summed. Groups differed significantly on total expenses, victimization costs, and criminal justice expenditures. Mean total costs for a homicidal youth were estimated at $3,935,433, while those for a control youth were $150,754. Abused, delinquent, and violent youth had average total expenses roughly double the total mean costs of controls. Prevention of dropout, alcoholism, addiction, career delinquency, or homicide justifies interception and empirical treatment on a cost-benefit basis, but also based on the severe personal costs to the victims and to the youth themselves.

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Abrams, Laura S., Sid P. Jordan, and Laura A. Montero. "What Is a Juvenile? A Cross-National Comparison of Youth Justice Systems." Youth Justice 18, no. 2 (June 12, 2018): 111–30. http://dx.doi.org/10.1177/1473225418779850.

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In this article, the authors analyze cross-national variations in how the category of ‘juvenile’ is defined in criminal law and policy. The authors purposively selected the cases of Argentina, Belize, England/Wales, and Finland to maximize differences in the boundaries of the Minimum Age of Criminal Responsibility and the Age of Criminal Majority. Legal analysis identified two key factors: (a) the presence or absence of a distinct juvenile justice system, and (b) the stability (or fluctuation) of youth justice laws and age boundaries. These axes of difference and their various configurations across cases have broader implications for advancing children’s rights.

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Burton, Chase S. "Child Savers and Unchildlike Youth: Class, Race, and Juvenile Justice in the Early Twentieth Century." Law & Social Inquiry 44, no. 04 (July 2, 2019): 1251–69. http://dx.doi.org/10.1017/lsi.2019.11.

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This essay analyzes inequality and the construction of childhood in the early US juvenile justice system. Although the juvenile justice movement’s best intentions focused on protecting children from neglect and the criminal justice system, historians have argued that protective juvenile justice was unequal and ephemeral. I critically summarize three histories of juvenile justice: Anthony Platt’sThe Child Savers: The Invention of Delinquency(1969),Geoff Ward’s The Black Child-Savers: Racial Democracy and Juvenile Justice(2012), and Tera Agyepong’sThe Criminalization of Black Children: Race, Gender, and Delinquency in Chicago’s Juvenile Justice System, 1899–1945(2018). I argue that the common thread in these studies is the construction of poor and black youth as unchildlike. Because the juvenile court arose in a context where not all youth were considered children, it never treated all youth as innocent or in need of protection.

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Feld, Barry C. "Juvenile and Criminal Justice Systems' Responses to Youth Violence." Crime and Justice 24 (January 1998): 189–261. http://dx.doi.org/10.1086/449280.

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Toor, Sunita. "British Asian Girls, Crime and Youth Justice." Youth Justice 9, no. 3 (December 2009): 239–53. http://dx.doi.org/10.1177/1473225409345102.

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This article provides an understanding of the role of honour ( izzat) and shame ( sharam) in the lives of British Asian girls. It indicates key facets embedded in izzat and sharam that determine and shape the experience of punishment for Asian criminal girls in Britain. In addition, the article provides an insight into why, as a consequence of izzat and sharam, Asian girls are especially invisible as offenders in the youth justice system. Finally, an understanding of izzat and sharam highlights the limitations of using restorative justice practices with Asian young offenders.

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Prichard, Jeremy. "Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice." Australian & New Zealand Journal of Criminology 43, no. 1 (April 2010): 112–29. http://dx.doi.org/10.1375/acri.43.1.112.

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Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.

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Robertson, Laura, and John Peter Wainwright. "Black Boys’ and Young Men’s Experiences with Criminal Justice and Desistance in England and Wales: A Literature Review." Genealogy 4, no. 2 (April 15, 2020): 50. http://dx.doi.org/10.3390/genealogy4020050.

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Black boys and young men are over-represented in the youth and adult justice systems in England and Wales. Despite the Lammy Review (2017) into the treatment of and outcomes for Black, Asian, and minority ethnic individuals (BAME) in the criminal justice system, the disproportionate numbers of Black boys and young men at all stages of the system continue to rise. There has been limited qualitative research of Black boys’ and young men’s experiences with the justice system in England and Wales. In particular, there is a lack of evidence on their experiences with sentencing and courts. What is known tends to focus on Black, Asian, and minority ethnic and/or Muslim men’s experiences more generally. A lack of critical understanding of the specific experiences of desistance by young Black men has been criticised in the literature. Set in this context, this review of UK literature focuses on the following questions: (1) What are Black boys’ and young Black men’s experiences with the youth and criminal justice systems in England and Wales? (2) What does research tell us specifically about their experiences with desistance?

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León, Kenneth Sebastian. "Presumed criminal: Black youth and the justice system in postwar New York." Race and Justice 11, no. 1 (April 6, 2020): 113–18. http://dx.doi.org/10.1177/2153368720916897.

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Platt, Tony. "Presumed Criminal: Black Youth and the Justice System in Postwar New York." Journal of American History 108, no. 1 (June 1, 2021): 209–10. http://dx.doi.org/10.1093/jahist/jaab048.

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Olaghere, Ajima, David B. Wilson, and Catherine S. Kimbrell. "Trauma-Informed Interventions for At-Risk and Justice-Involved Youth: A Meta-Analysis." Criminal Justice and Behavior 48, no. 9 (March 30, 2021): 1261–77. http://dx.doi.org/10.1177/00938548211003117.

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The impact of trauma on children and youth has potentially serious and long-lasting negative consequences, including increased involvement in the juvenile and criminal justice systems. The objective of this study was to meta-analyze research on the effectiveness of trauma-informed treatment programs for justice-involved youth and youth at risk of justice system involvement who have experienced some form of trauma. Our systematic search identified 29 publications that met our eligibility criteria and represent 30 treatment–comparison contrasts. Six of these evaluated the effectiveness of trauma-informed programs for justice-involved youth, and the remaining 24 evaluated programs for at-risk children and youth. The findings suggest that cognitive-behavioral therapy (CBT), including trauma-focused CBT, is effective. In addition, there was weak evidence suggesting that programs that used a cognitive restructuring component or had the participant create a trauma narrative were slightly more effective than programs without these features. Additional high-quality randomized controlled trials are needed.

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Taggart, John. "‘I am not beholden to anyone… I consider myself to be an officer of the court’: A comparison of the intermediary role in England and Wales and Northern Ireland." International Journal of Evidence & Proof 25, no. 2 (April 2021): 141–62. http://dx.doi.org/10.1177/13657127211002291.

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Intermediaries were first introduced by the Youth Justice and Criminal Evidence Act (1999) to facilitate communication between individuals with communication needs and the criminal justice system. Yet, despite increased academic attention into this new criminal justice actor, the content of the role remains unclear. Findings from 31 interviews with intermediaries in England and Wales and Northern Ireland as well as judges in Northern Ireland indicate that two distinct systems of intermediaries have emerged between the jurisdictions. The picture is complicated by an inequality in intermediary provision between witnesses and defendants. In England and Wales, the statutory intermediary scheme covers only witnesses whereas the ‘unitary’ system in Northern Ireland covers both witnesses and defendants. Drawing on the data collected, this article highlights key themes which underpin differences in intermediary practice and suggests that lessons can be learned in how we conceptualise the role and its work.

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Wolcott, David. "Juvenile Justice before Juvenile Court." Social Science History 27, no. 1 (2003): 109–36. http://dx.doi.org/10.1017/s0145553200012487.

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Progressive Era campaigns to establish juvenile courts maintained that police and criminal courts failed to distinguish between children and adults. They suggested that law enforcement agencies either sentenced juveniles as if they were adults, imposing excessive punishments, or let kids go, failing to discipline them and encouraging them to commit further crimes. However, this case study of juvenile arrests in turn-of-the-century Detroit indicates that, before the creation of juvenile court, criminal justice institutions had more complex interactions with delinquent youth than has been recognized previously. Boys typically were arrested for very different offenses than were adults, and the police and courts often segregated children and adolescents from the harshest elements of the criminal justice system. The police sought every opportunity to decide the outcome of juvenile arrests themselves, without a court hearing, particularly if boys had committed only status offenses such as truancy or if crime victims decided not to prosecute. When juveniles did appear in criminal courts, judges found ways to soften their experiences, rarely jailing younger boys and instead sentencing some to reform school for ostensible rehabilitation. After 1900, efforts to protect young offenders from criminal justice institutions expanded as specially assigned police officers increasingly sought to discipline delinquents prior to arrest and the courts introduced an unofficial form of probation. Rather than constituting a break from the past, the creation of Detroit’s juvenile court in 1907 mainly made official juvenile offenders’ growing separation from the criminal justice system.

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Lynch, Nessa. "Restorative Justice through a Children's Rights Lens." International Journal of Children's Rights 18, no. 2 (2010): 161–83. http://dx.doi.org/10.1163/157181810x12592206285646.

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AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.

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Yoder, Jamie R., Kelly Whitaker, and Camille R. Quinn. "Perceptions of Recidivism Among Incarcerated Youth: The Relationship Between Exposure to Childhood Trauma, Mental Health Status, and the Protective Effect of Mental Health Services in Juvenile Justice Settings." Advances in Social Work 18, no. 1 (September 24, 2017): 250–69. http://dx.doi.org/10.18060/21305.

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Research suggests that youth involved the juvenile justice system have trauma histories that are two times higher than the general youth population. Juvenile justice-involved youth also have high rates of mental health symptoms. Fewer studies have examined how trauma links to mental health symptoms among youth offenders, and even less research focuses on how mental health status and service delivery can impact their perceived likelihood for success. This study examines the effects of mental health screening and service delivery on perceived future criminal justice interactions— arrest and incarceration—among adjudicated youth (n=7,073) housed in correctional facilities. Secondary data were used to examine trauma histories, mental health needs, and mental health screening and service delivery. Significant relationships between traumatic events and mental health problems were found, along with relationships between mental health problems and mental health screening and service delivery. Most interestingly, results pointed to the strong inverse relationship between mental health service delivery and youth’s perceived likelihood for recidivism. These findings show the promise of juvenile justice systems appropriately responding to the mental health concerns of youth.

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Little, Simon, Anna Stewart, and Nicole Ryan. "Restorative Justice Conferencing: Not a Panacea for the Overrepresentation of Australia’s Indigenous Youth in the Criminal Justice System." International Journal of Offender Therapy and Comparative Criminology 62, no. 13 (March 19, 2018): 4067–90. http://dx.doi.org/10.1177/0306624x18764524.

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Restorative justice conferencing is a police diversionary strategy used extensively in Australian jurisdictions to channel young offenders away from formal court processing. Advocates view conferencing as culturally appropriate and a means to reduce the overrepresentation of Indigenous young people because it is rooted in Indigenous justice traditions. However, whether conferencing is effective at reducing recidivism by Indigenous young people compared with non-Indigenous young people remains unknown. We examine this using a longitudinal cohort of youth offenders from Australia. Propensity score matching was used to match Indigenous and non-Indigenous young people at their first conference and examined reoffending outcomes to explore its efficacy at reducing recidivism ( n = 394). Results indicate that, despite statistically controlling for factors related to reoffending, recidivism levels postconference were significantly higher for Indigenous young people. These results suggest that conferencing is unlikely to address the problem of Indigenous overrepresentation within Australia’s youth justice system.

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Mullin, Tirza. "Eighteen Is Not a Magic Number: Why the Eighth Amendment Requires Protection for Youth Aged Eighteen to Twenty-Five." University of Michigan Journal of Law Reform, no. 53.4 (2020): 807. http://dx.doi.org/10.36646/mjlr.53.4.eighteen.

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The Eighth Amendment protects a criminal defendant’s right to be free from cruel and unusual punishment. This Note argues that any punishment of eighteen- to twenty-five-year-olds is cruel and unusual without considering their youthfulness at every stage of the criminal process, and that it is unconstitutional under the Eighth Amendment for these youths to be automatically treated as fully-developed adults. This Note will explore in depth how juveniles differ from adults, both socially and scientifically, and how the criminal justice system fails every youth aged eighteen- to twenty-five by subjecting them to criminal, rather than juvenile, court without considering their youthfulness and diminished capacity. This Note proposes three reforms that, implemented together, aim to remedy this Eighth Amendment violation. First, the Supreme Court should apply the seminal cases of Miller, Roper, and Graham to eighteen- to twenty-five-year-olds. Second, all states should extend the age of juvenile jurisdiction to twenty-five, processing offenders twenty-five and younger through the juvenile system accordingly. Finally, every actor in the system—including courts, lawyers, and legislatures—should label eighteen- to twenty-five-year-olds as “youth” and consider their age at every stage of the criminal system.

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Johnson, Elizabeth I., Tanner Kilpatrick, Anneliese C. Bolland, and John Bolland. "Household Member Arrest and Adolescent Substance Use: The Mediating Roles of Parenting and Youth Psychological Distress." Criminal Justice and Behavior 46, no. 8 (June 24, 2019): 1088–105. http://dx.doi.org/10.1177/0093854819858121.

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Using data ( N = 1,803) from the Mobile Youth Survey, a community-based study of risk and resilience among predominantly African American youth, this study examines whether indicators of parenting and youth psychological distress mediate the relationship between household member arrest and substance use. Results of structural equation analyses suggest that household member contact with the criminal justice system has indirect effects on adolescent substance use via its impact on parenting. Household member arrest was associated with fewer family rules, monitoring, and curfew restrictions, which in turn was associated with increased frequency of alcohol and marijuana use. Although household member arrest was positively associated with psychological distress, there was no evidence of an internalizing pathway to substance use. Findings underscore the importance of identifying and then intervening on family processes as a way to reduce the impact of family contact with the criminal justice system on young people.

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Mackay, Michael. "Aboriginal juveniles and the criminal justice system: The case of Victoria." Children Australia 21, no. 3 (1996): 11–22. http://dx.doi.org/10.1017/s1035077200007161.

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In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

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Cunneen, Chris, Barry Goldson, and Sophie Russell. "Human rights and youth justice reform in England and Wales: A systemic analysis." Criminology & Criminal Justice 18, no. 4 (August 16, 2017): 405–30. http://dx.doi.org/10.1177/1748895817721957.

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This article examines critically the persistently antagonistic relationship – across the past quarter-century – between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales. It introduces the core provisions of the human rights framework that pertain to youth justice and it sketches the nature and direction of policy reform over the 25-year period under scrutiny (1991–2016). To obtain a comprehensive sense of the relationship between human rights and youth justice reform in the jurisdiction, it applies a detailed systemic analysis; beginning at the point at which criminal responsibility is formally imputed and progressing through each stage of the youth justice system, up to the point where the child might ultimately be deprived of her/his liberty. By taking a ‘long-view’ of youth justice reform and by adopting a systemic end-to-end analysis of the human rights–youth justice interface, the article presents an analytical account of both change (policy reforms) and continuity (the enduring nature of human rights violations).

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Grace, Marty, Jennifer Malone, and Angela Murphy. "Transferability of the youth foyer model for women exiting the criminal justice system." Journal of Social Work 16, no. 4 (March 27, 2015): 470–88. http://dx.doi.org/10.1177/1468017315579306.

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Baidawi, Susan. "Crossover Children: Examining Initial Criminal Justice System Contact Among Child Protection-Involved Youth." Australian Social Work 73, no. 3 (December 4, 2019): 280–95. http://dx.doi.org/10.1080/0312407x.2019.1686765.

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Cheely, Catherine A., Laura A. Carpenter, Elizabeth J. Letourneau, Joyce S. Nicholas, Jane Charles, and Lydia B. King. "The Prevalence of Youth with Autism Spectrum Disorders in the Criminal Justice System." Journal of Autism and Developmental Disorders 42, no. 9 (December 21, 2011): 1856–62. http://dx.doi.org/10.1007/s10803-011-1427-2.

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Marczyk, Geoffrey R., Kirk Heilbrun, Tammy Lander, and David Dematteo. "Juvenile Decertification." Criminal Justice and Behavior 32, no. 3 (June 2005): 278–301. http://dx.doi.org/10.1177/0093854804274371.

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This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were decertified to the juvenile justice system for age, YLS/CMI total score, and the Prior and Current Offenses and Dispositions and Personality and Behavior subscales of the YLS/CMI. The combination of PCL:YV total score and select subscales from the MAYSI and YLS/CMI provided the most accurate model for predicting certification status.

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Corrado, Ray, Lauren Freedman, and Catherine Blatier. "THE OVER-REPRESENTATION OF CHILDREN IN CARE IN THE YOUTH CRIMINAL JUSTICE SYSTEM IN BRITISH COLUMBIA: THEORY AND POLICY ISSUES." International Journal of Child, Youth and Family Studies 2, no. 1/2 (January 31, 2011): 99. http://dx.doi.org/10.18357/ijcyfs21/220115429.

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<span style="font-size: small; font-family: Times New Roman;">Placement in child protection services, or becoming a child in care, is associated with a disproportionate involvement in youth and adult criminal justice systems. While there is not extensive research on this relationship, there is evidence that many children in care have risk profiles consistent with criminal justice involvement. This article provides an overview of the prevalence of exposure to risk factors related to mental health, education, and antisocial behaviour among children in care, in addition to risk factors that are distinctive to those placed in child protection services. A recent large cohort dataset from British Columbia, Canada, is utilized to examine these risk profiles. Recommendations to identify those involved in child protection services most at risk for criminal justice involvement, with the use of risk management instruments such as the Cracow Instrument, are discussed. In addition, several other important policy themes regarding diagnostic and case management challenges are explored.</span>

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Sugie, Naomi F., and Kristin Turney. "Beyond Incarceration: Criminal Justice Contact and Mental Health." American Sociological Review 82, no. 4 (July 24, 2017): 719–43. http://dx.doi.org/10.1177/0003122417713188.

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A growing literature documents deleterious consequences of incarceration for mental health. Although salient, incarceration is only one form of criminal justice contact and, accordingly, focusing on incarceration may mask the extent to which the criminal justice system influences mental health. Using insights from the stress process paradigm, along with nationally representative data from the National Longitudinal Survey of Youth 1997, we examine criminal justice contact—defined as arrest, conviction, and incarceration—and mental health. First, fixed-effects models, which adjust for stable unobserved and time-varying observed characteristics, show that arrest is deleteriously associated with mental health, and arrest accounts for nearly half of the association between incarceration and poor mental health, although certain types of incarceration appear more consequential than others. Second, the associations are similar across race and ethnicity; this, combined with racial/ethnic disparities in contact, indicates that criminal justice interactions exacerbate minority health inequalities. Third, the associations between criminal justice contact, especially arrest and incarceration, and mental health are particularly large among respondents residing in contextually disadvantaged areas during adolescence. Taken together, the results suggest that the consequences of criminal justice contact for mental health have a far greater reach than previously considered.

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Welch, Kelly, Leah Fikre Butler, and Marc Gertz. "Saving Children, Damning Adults? An Examination of Public Support for Juvenile Rehabilitation and Adult Punishment." Criminal Justice Review 44, no. 4 (March 7, 2019): 470–91. http://dx.doi.org/10.1177/0734016819833141.

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Research shows that public preferences about justice system approaches to decreasing illegal behavior distinguish between adult and juvenile offending. We also know that fear of crime and perceived risk of victimization typically strengthen support for harsh punishments and reduce support for rehabilitation. What has yet to be demonstrated—and that we examine here—is whether there are youth-specific differences in the way that crime salience affects public support for punitive versus rehabilitative policies and to what extent confidence in the criminal and juvenile justice systems affects punishment orientations toward adults and juveniles. Essentially, we examine why some Americans support “child saving” yet condemn adults. This exploratory study’s findings indicate that while crime salience increases the likelihood that one will support harsh adult criminal measures, it is not associated with similar attitudes toward juvenile delinquents. Further, those for whom crime salience is lower have a greater probability of supporting rehabilitation for both juveniles and adults. Finally, results show that support for the rehabilitation of youth persists despite crime salience among those who are otherwise punitive toward adults. Justice ideology appears unaffected by confidence in the justice systems. Policy implications and recommendations for future research are offered.

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Journal articles on the topic 'Youth criminal justice system'

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